WATERWAYS FREIGHT BUREAU, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Missouri-Kansas-Texas Railroad Company, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 7, 1977.
Decided July 1, 1977.
Attorney(s) appearing for the Case
Charles W. Chapman, with whom Richard J. Hardy, Washington, D. C., was on the brief, for petitioner.
Raymond Michael Ripple, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Charles H. White, Jr., Associate Gen. Counsel, I. C. C., Carl D. Lawson and Susan J. Atkinson, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.
Lloyd John Osborn and Barry Grossman, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent, United States of America.
Robert G. Seaks, and Eldon S. Olson, Washington, D. C., were on the brief for intervenor.
Before TAMM and WILKEY, Circuit Judges, and WILLIAM B. JONES, United States Senior District Judge for the United States District Court for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by TAMM, Circuit Judge.
TAMM, Circuit Judge:
We are once again confronted with "another episode in the long and continued struggle between the railroads and competing barge lines." A. L. Mechling Barge Lines, Inc. v. United States,376 U.S. 375, 376, 84 S.Ct. 874, 11 L.Ed.2d 788 (1964). In this return engagement to the reviewing courts, Waterways Freight Bureau (WFB or petitioner), representing...
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